M 02-18-97TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
February 18, 1997
Minutes
TOWN COUNCIL
The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers of the
Town Hall, 110 East Main Street, at 7:35 p.m., Tuesday, February 18, 1997, in regular session.
ROLL CALL
Present:Randy Attaway, Steven Blanton, Jan Hutchins,
Linda Lubeck, and Mayor Joanne Benjamin.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Acting Town Attorney, Natalie West, reported that Council had met in Closed Session prior to this
evening's meeting pursuant to Government Code Section, 54956.9(a) (Pending Litigation), regarding
Green Valley Disposal Company, Incorporated vs Town of Los Gatos, et al., Santa Clara County
Superior Court Case CV751534, and Guadalupe Rubbish Disposal Company vs Town of Los Gatos, et
al., Santa Clara County Superior Court Case CV752691. Council discussed matters of potential
settlement pending litigation. There is no further report at this time.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
COUNTY REFERRALS (02.47)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council approve the recommended action
concerning County Referrals:
REFERRAL LOCATION APPLICANT REQUEST
RECOMMENDATION
# 5434 Blackberry Hill Road Navid Design Review
Approval/2 Conditions
Carried unanimously.
PAYROLL RATIFICATION/JANUARY 1997 (03.V)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council ratify the check register for the
payroll of January 12, 1997 through January 25, 1997, paid on January 31, 1997, in the amount of
$297,080.14. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/JANUARY 1997 (04.V)
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Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council ratify the accompanying check
registers for accounts payable invoices paid on January 31 and February 7, 1997 in the amount of
$247,867.30. Carried unanimously.
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MINUTES OF FEBRUARY 3, 1997 (05.V)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council approve the Minutes of February 3,
1997 as corrected. On page 5, under Motion by Mr. Hutchins, the reason for Mrs. Benjamin's no vote
is as follows, "...because it opens up the possibility to ask for refunds." Carried unanimously.
CLAIM DENIAL/BRUCE & RHONDA PROTHRO (06A.01)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council deny the claim of Bruce & Rhonda
Prothro for alleged damage to real property occurring on June 1, 1996. Carried unanimously.
CLAIM DENIAL/FRAN RIPSTOSS (06B.01)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council deny the claim of Fran Ripstoss
for alleged personal injuries occurring on July 21, 1996. Carried unanimously.
CLAIM DENIAL/MARK BOSLEY (06C.01)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council deny the claim of Mark Bosley for
alleged personal injuries occurring on August 1, 1996. Carried unanimously.
AMICUS BRIEF/JOHANNA TREVINO V. DARYL GATES (07.01)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council authorize amicus brief
participation in Johanna Trevino v. Daryl Gates, et al, U.S. Supreme Court Case 96-1079, at no cost to the
Town. Carried unanimously.
MID-YEAR BUDGET REPORT/1996-97 (08.06)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council accept Mid-Year Budget Report for
1996-97. Carried unanimously.
HOUSING REPORT/ANNUAL 1996 (09.19)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council accept Annual Housing Report.
Carried unanimously.
GLEN RIDGE AVENUE 237/BUILDING PERMIT/STATUS (10.09)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council accept report outlining the status of
the building permit for the remodeling of the house at 237 Glen Ridge Avenue. Carried unanimously.
ACCEPTANCE OF DONATIONS/EQUIPMENT (11.28)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council accept the following donations:
a)1988 GMC Step-Van for use by the Police Department and the Disaster Aid Response Team
from The San Jose Mercury News.
b)Zodiac Boat, Outboard Motor, and Trailer for use by the Police Department and the Disaster
Aid Response Team from Dart Member Mike Szelong.
c)Two 21-speed Mountain Bikes for use by the Police Department Bicycle Patrol Team from The
Kiwanis Club of Los Gatos and Wheelsmith, Inc.
Carried unanimously.
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COMPRESSED NATURAL GAS FUELING FACILITY (12.28)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council accept report on compressed natural
gas fueling facility and authorize the staff to perform site exploration and analysis on Town owned
property at Lark Avenue and Winchester Boulevard. Carried unanimously.
9701 PROJECT/TREE PRUNING AND REMOVAL/RESOLUTION 1997-13 (13.28)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1997-13 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS APPROVING SPECIFICATIONS FOR
PROJECT 9701/TREE PRUNING AND REMOVAL. Carried unanimously.
9610 PROJECT/COMPLETION NOTICE/TREE PRUNING AND REMOVAL
PROFESSIONAL TREE CARE COMPANY/RESOLUTION 1997-14 (14.28)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1997-14 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF THE
PROFESSIONAL TREE CARE COMPANY ON PROJECT 9610 - TREE PRUNING AND
REMOVAL AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE
OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN
CLERK. Carried unanimously.
TRANSIENT OCCUPANCY TAXES/ORDINANCE 2026 (15.05)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Ordinance 2026 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTIONS OF CHAPTERS
3,4,14,18,25,28 AND 29 TO CLARIFY PROVISIONS REGARDING TOWN CODE
PENALTIES, CLARIFY BUSINESS LICENSE REGULATIONS, AND TO IMPOSE
PERSONAL LIABILITY FOR A WILLFUL FAILURE TO COLLECT OR PAY OVER TOWN
TRANSIENT OCCUPANCY TAXES, which was introduced at the Council meeting on February 3,
1997. Carried unanimously.
BELLA VISTA WAY 371 AND 337/ORDINANCE 2027 (16.09)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Ordinance 2027 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE 2005 RELATING
TO THE DEVELOPMENT OF THE PROPERTY LOCATED AT 337 AND 371 BELLA VISTA
WAY, which was introduced at the Council meeting on February 3, 1997. Carried unanimously.
SPEED LIMITS ON CERTAIN STREETS/ORDINANCE 2028 (16A.09)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Ordinance 2028 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 15.30.235 OF THE
TOWN CODE ESTABLISHING SPEED LIMITS ON CERTAIN STREETS, which was
introduced at the Council meeting on February 3, 1997. Carried unanimously.
VERBAL COMMUNICATIONS
Downtown Parking Structure:
Sara Higginbottom, 240 Massol Ave., representing support in the Almond Grove Preferential Parking
District, spoke of the 500 surveys received at this time; 425 responded with yes to the parking
structure and 54 answered no to the proposal for 105 additional parking spaces to be added to the
parking stock downtown.
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VERBAL COMMUNICATIONS CONT.
Downtown Parking Structure Continued:
Helen Gillespie, 130 Edelen Ave., living in an impacted parking district, spoke of the residents who
want the 105 additional parking spaces. Asked Council to move forward quickly with support for this
proposal.
Ken Cannizzaro, 155 Tait Ave., member of the Residents and Merchants Committee, spoke of the
great support for this proposal from among the merchants, residents and property owners. He noted
the following points: 1) There is feasibility for the Redevelopment Agency to fund this project; 2)
The construction of these new spaces has an impact on the alternative uses of those agency's monies;
3) Limited paid parking is supported downtown and that income will fund the debt service created by
the lending agency; 4) This project is least disruptive to the downtown because construction will take
place on the site anyway; 5) The Committee is willing to continue to work on this project as it
proceeds and to continue to help with its implementation.
Jim Creighton, 142 Tait Avenue, underlines the urgency to act so as to take advantage of the
contractors building schedule; noted that 105 new parking spaces would be better for the economy;
better for the neighborhoods; and better for the general public.
Katy Gallagher, 347 Massol, #404, real estate agent at Cornish & Carey, supported the proposed
additional parking spaces and noted that real estate agents living in Town support this concept; they
approve some form of paid parking to repay the debt service; they view this additional parking as
benefiting real estate values in Town.
Julie Gillbert, 243 Bachman Ave., spoke of the need for more parking in the downtown area so as to
take the impact off her neighborhood. She agreed with some form of paid parking and wanted to see
employee parking addressed.
Mrs. Benjamin noted that Rex Morton had committed to working on a long range parking plan that
would address the many issues raised at these parking meetings.
LOS GATOS FIESTA DE ARTES/CIVIC CENTER USE/KIWANIS CLUB REQUEST (17.20)
The following people from the audience spoke to this issue:
Rusty Rinehart, President of the Los Gatos Kiwanis Club, spoke of the plans for the Fiesta De Artes
and the many Los Gatos services supported by the Club.
Susan Dunn, event facilitator, spoke of the 2 million dollar insurance policy held by the Kiwanis
Club and the 1 million held by Signature Productions, the special event coordinator.
Rich Lang, Fairview Plaza, spoke of the concept of walking through the art displays with the wine
glasses as opposed to a corded off drinking only area.
Greg, Golden Gate Valet, offered to donate wrist bands to control the passing of alcohol to minors
during the event.
No one else from the audience addressed this issue.
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council approve the Kiwanis Club of Los
Gatos' request to use the Los Gatos Civic Center and the Los Gatos Neighborhood Center Parking Lot,
August 23 and 24, 1997 for the Los Gatos Fiesta De Artes. Carried unanimously.
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COUNCIL REPORTS (18.10)
Linda Lubeck gave a report on the Cities Association Meeting. She told of a report from the County
Registrar of Voters, Dwight Beattie, on the search for a new electronic voting system. The present
one, although old, still functions and has a security system that is workable. In March there will be a
meeting for new Councilmembers. In April the General Membership Meeting will be held at
Michael's. In the spring a meeting, in conjunction with San Jose and the Arts Council, will be held to
develop a joint cultural plan.
Randy Attaway attended County Emergency Preparedness Meeting, and spoke of the need of the
Council to hold refresher meetings and classes for themselves. Joe Pirzynski, 350 Los Gatos
Boulevard, Chairman of the Dart Team, offered the Disaster Response Team's services in giving
emergency training at the corporation yard.
Jan Hutchins attended the County Housing and Community Services Program Meeting and spoke of
the possibility of low income housing being developed on Miles Ave. This would be in an effort to
fulfill Town's housing element needs. He also attended the Vasona Light Rail Meeting and spoke of
the lack of funds to extend the light rail into Los Gatos.
ADJOURNMENT
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that this evening's meeting be adjourned at
8:35 p.m. Carried unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
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